JB/052/213/001

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1826 Sept. 15
Procedure Code

Ch II All-embracing Arrangemts
(3) (3 § Instrument

12
Probative form — the term
not in technical vocabulary

Probative form— not even that term did the technical vocabulary
include in it. Yet without it, by in what way by what discourse
express that which there will be found such continually recurring
need to express.

13
Witnesses 1 litigant
2 nonlitigant

Yet another distinction. For For giving expression
to it say. Litigant witness or non-litigant witness: and
as synonymous to Non-litigant witness say upon occasion extraneous witness.
In every modification of the technical system his of the
testimony — the narrative of a party litigant has more or less
use been made. Yet in none of them has he been spoken of in
the character of a witness: on the contrary between the character
of a party and that of a witness a sort of the existence of incompatibility has
been tacitly assumed.

14
In domestic procedure
constant occurrence of
litigant witnesses

Yet in domestic procedure — in that procedure which
being lateral with the origin of the species was in existence and use before the technical
system existed even in imagination, seldom is a w narrator
to be found who is not either himself a litigant witness, or imbued
with the same affection, and exposed liable to be drawn turned aside
from the pulse of verity truth by the same biases.

15
Inconsistency of
their exclusion under
technical procedure

And Oh what inconsistency — what twistings and
turnings when the one and the same of a party litigant this testimony is admitted
in some cases excluded in other cases; in some cases rigorously exacted
in other cases left optional! And from the commencement of the reign
of natural procedure to the present time has moreover never the
has been the mass of that injustice of which the exclusion and
the unilateral and thence partial admissions deduced from this source
must have been productive. For these exclusions coupled with
these admissions had there been any ground in reason, however
society antecedently to the institution of the technical system
could not have continued its existence. But of this benefit as to the hereinafter
see Ch. §§.

Identifier: | JB/052/213/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1826-09-13	Marginal Summary Numbering	12-15
Box	052	Main Headings	procedure code
Folio number	213	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / e3
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16886
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